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Discussion Forum Index --> Consumer Questions --> S Corporation - Take profit through distribution or loss through salary?


SMSGUY (talk|edits) said:

10 January 2007
I have read a lot on this forum pertaining to S corporation profit distributions but I am still unclear on one issue. I have been arguing this point fruitlessly with my CPA and am hoping to get a second opinion.

I am the sole owner of an S Corp where I am contracted out to a single client on a 40hr/week job. So essentially I am an employee for the client but paid business to business. I have minimal expenses (gas, small office supplies, CPA, etc).

I would like to use the 60/40 rule to pay myself a reasonable salary and then take the rest in profit distributions. My CPA says I should take all income as salary so that he can create a loss for the business and get it back on my refund.

Which is better in the long run? Thanks.

JR1 (talk|edits) said:

January 10, 2007
I'd disagree with him, probably, since he's willing to throw money into the SS system willy nilly, which you won't get back. Is he near retirement? Heh heh. In all fairness, if a reasonable salary for you is near the amount that the other company paid you, then it should all be salary. There is no 60/40 rule or anything like it. It's about reasonable salary in your area. There are a couple good salary comparison sites you can go to to determine what it should be. If it's less than your profit, then you'll have some income that's free of SS taxes...if it's the same, then do as he says, tho' it sounds goofy to create a loss out of the corp and have a high salary. That's kind of suspect, to me.

SMSGUY (talk|edits) said:

10 January 2007
Thanks for the quick reply (and agreeing with me!) A reasonable salary in my area for the work I provide is about 50% of what I'm actually taking in! That's why it should make a huge difference if I use distributions rather than pay it as salary.

One more question though... do I actually receive the distribution payment or does it stay on the business side as equity which gets claimed on my personal tax return through a K-1? I thought I could cut myself two checks every month: one as salary and one as a profit distribution. My CPA states that I would never actually see the money unless I took it through a dividend payment which would get taxed at 28% so it's not beneficial.

Death&Taxes (talk|edits) said:

10 January 2007
If you can afford it, what I would recommend is taking the 'pot' and allocating 25% for a SEP Plan. It would work like this if distributable profit were 80K. 25% would be 20K. THIS IS NOT THE AMOUNT FOR THE SEP YET. This leaves 60K for payroll. 25% of that is 15K SEP Contribution. 60K would be salary, and the remaining 5K would be employer payroll tax on the employer share. You have avoided FICA on the 15K put into the SEP, which is a corporate deduction, and you have not thrown the money away but saved it.

Rgtaxservice (talk|edits) said:

10 January 2007
You may need a new CPA.

Your S Corp profit (income after your expenses and salary) is taxed to you at your personal tax rate. It doesn't matter how much of a distribution you take. It's a distribution not a dividend. If your salary is reasonable, then you can take a distribution and save yourself payroll taxes.

It is a good idea to check the two checks.


- Rick

Jdugancpa (talk|edits) said:

10 January 2007
I agree with RG, you may need to shop for a new CPA. He does not appear to understand S corps. Creating a loss in the S corp makes no sense at all.

JR1 (talk|edits) said:

January 10, 2007
I like Death/Taxes suggestion, tho' the same idea works even if the salary is less. But you must do the SEP, using the SS savings to fund your own retirement, which will create add'l deduction. Assume you brought in 80k in his example, and that 40k is the reasonable salary. 25% SEP stashes 10k into retirement. After PR tax, SEP, and salary, you'd have 27k left, free of SS taxes. You saved 4131. in SS taxes...Oh, and it doesn't have to be a CPA! Contrary to some reports...they don't all know tax. Find someone who does, who works with a lot of small biz and has some credentials/years of experience.

SMSGUY (talk|edits) said:

10 January 2007
Man you guys are great! Thanks for the advice. I will definitely look into the SEP idea. I think I'll start looking for a new CPA too. Anyone work with S-Corps in the Baltimore, MD area? Ha ha.

JR1 (talk|edits) said:

January 10, 2007
Would love to set up branch office in Annapolis...will you pay travel exp from Chicago area?

SMSGUY (talk|edits) said:

10 January 2007
Can't afford it yet... but I'll keep it in mind once I find a few more contracts! Thanks again.

JR1 (talk|edits) said:

January 10, 2007
SMS, I have a client in Ellicott City if you don't mind working via electrical devices rather than face to face. So I'm familiar with MD tax filings if no one else jumps in...hit my talk page and let me know...

PJLCPA (talk|edits) said:

10 January 2007
SMSGUY, I try to never, never, never...suggest, without knowing ALL the facts, that you change preparers because curent one is not doing a good job.(A lot of people don't know all the facts of why something was done a certain way). (I've had a lot of new clients come in and tell me they changed CPA's because the old one really messed things up, only to find out that return was done right, client just didn't understand it.) That being said.....from reading your posts, looks to me like it wouldn't hurt to at least talk to JR1, and see if he can save you money, and help you to keep more of it in the future. If you worry about the distance and not having face to face meetings with him, I don't think that you should worry. The world is becomming smaller and smaller, and more and more things are done that way. I do not know JR1 personally, but have read his posts, and he really knows his stuff.

Bottom Line (talk|edits) said:

12 January 2007
I also agree that I wouldn't worry about lack of "face to face". I've got a few clients in other states that I've never met. They were referred by existing clients. We communicate via phone & email.

Blrgcpa (talk|edits) said:

12 January 2007
If the business can do it, I'd put the salary at the maximum ss. That way it will help you in later years.

There b/e a pension plan set up. I believe it would have had to be set up by 12/31/06. But start one for 2007.

If there is any accumulated earnings, you can take that as a distribution. It would be tax free since you pay the tax on your 1040.

Bottom Line (talk|edits) said:

12 January 2007
Blrgcpa - do I read you right that you are recommending paying the maximum Social Security? Interesting - I usually recommend putting money into other forms of retirement. I understand everything about "reasonable salary", disability, and that you have to pay wages in order to contribute to retirement plans. However, I usually prefer to keep money out of the government's hands and keep it under my control. I felt differently about Social Security until my sister-in-law's death at age 41. All the money that she had contributed to Social Security was GONE. The money she had in IRA's and 401K stayed with the family.

Death&Taxes (talk|edits) said:

12 January 2007
Coming back to the two scenarios drawn by JR & myself, JR is right that the Social Security saving is substantial, but his 27K when added to the 40K in salary means income tax is paid on 67K versus 60K in mine, yet even at 30% tax bracket, the Social Security saving outweighs the income tax saving in the short run. The extra 5K my person puts in his SEP will accumulate more pension in the future, but I suspect when all pension monies are withdrawn many moons from now, the income tax paid on the profits, wages and pension distributions will not be that different. There are many roads to Rome, and no plan is exactly right. e.g. If JR's corporation was in Philadelphia, his City taxes would be greater [too lengthy to explain] if his man took his 27K out in distributions, and his profits would boost his PA Capital Stock/Franchise Tax. In Florida his plan is all trumps. Again, if the officer/shareholder nets 160K consistently, it is more difficult to save Social Security so that he should strive for the highest pension contribution possible. Isn't this fun.

Death&Taxes (talk|edits) said:

12 January 2007
BL: in certain circumstances the SS is not gone, but can be collected by the widower at age 60. Of course, there can be no remarriage, and at 60 the same income limits that apply at 62 mean full time work might not be possible. I do think this is handy to know, especially for those 55 or older. I think you would be surprised how many people have never heard of widow's benefits. Just this month my fiancee received her first check from her late husband who died in 1993. Better yet, a month after she signed up and was approved, SSA alerted her that she had not been getting part of a union pension she was to receive as a survivor. She was receiving benefits from the International but not the local. Where they found this information I do not know, but she received a check for 12 years of missing benefits.

Bottom Line (talk|edits) said:

13 January 2007
Agreed about the widow benefit but in so many cases today, both spouses work and often the spouse would draw more on their own.

Death&Taxes (talk|edits) said:

13 January 2007
Actually she will draw more on her own at 66 and will get that then. She had a knee replacement at age 59, lost her job and could only find half a job so she decided to sign up. We went in thinking it would be maybe 600-700 a month but it turned out to be over 1200.

Bottom Line (talk|edits) said:

13 January 2007
Sweet!

Blowfish (talk|edits) said:

4 October 2007
Hello,

I am new to this forum.

I have a question regarding the tax on the s corp profit. I am the s corp owner and the only employee. I wrote myself a check with $10000 in september, and it's intended as a profit, not my salary ( I paid my salary as usual). Please tell me what tax should I pay? based on what I read here, I should withhold the personal income tax, not social security and medical tax, am I right?

I I withhold the personal income tax, how should I report to IRS, and when?

Many thanks,

blowfish

TxSrv (talk|edits) said:

4 October 2007
If you are the only employee and performing a personal service, IRS can hold the entire $10,000 to be compensation subject to FICA. Reporting it on Form 941 is how the FICA is paid.

TheTinCook (talk|edits) said:

4 October 2007
The amount of cash and property you take out of your S-Corp as a distribution has no effect on the taxes you will pay. You will however be taxed on your individual return on the net profit of your S-Corp and your wages from the S-Corp.

You don't need to withhold PIT on the 10k you took as a distribution. You may need to make estimated tax payments each quarter to avoid the underpayment penelty on your individual return.

You should of course be withholding PIT and FICA on your salary and make the appropriate deposits.

Kevinh5 (talk|edits) said:

4 October 2007
(Blowfish should be working with a tax professional who is aware of the entire tax situation - personal and business)

TheTinCook (talk|edits) said:

4 October 2007
(But why consult with the cow, when you can get the milk for free?)

Kevinh5 (talk|edits) said:

4 October 2007
(because it behoofs him to do so?)

Blowfish (talk|edits) said:

4 October 2007
Thank you guys for the responses. I am looking for a CPA. Any recommendations? I live in the SF bay area.

Kevinh5 (talk|edits) said:

4 October 2007
I would expand the search to include an EA - Enrolled Agent. They specialize in taxes. You can Google 'California Society of Enrolled Agents' and find one near you.

Blowfish (talk|edits) said:

4 October 2007
there are too many to choose, anywhere I can see an EA's or CPA's profile and credentials?

TxSrv (talk|edits) said:

4 October 2007
Your situation sounds so simple, that any CPA/EA experienced in S Corps can handle it easy. Just pick and ask on the phone is one way to do it.

Kevinh5 (talk|edits) said:

4 October 2007
Here is an article on How To Find a Professional Tax Preparer

Kevinh5 (talk|edits) said:

4 October 2007
(Dennis, the endless self promotion never ceases)

Blrgcpa (talk|edits) said:

4 October 2007
A worker who dies before retirement and has a family and children would not loose social security. It would help to support them until age 18.

Certainly taking a salary depends on the amount of business the s corp. I took over a client who had taken a minimal salary where the s corp made money. I suggested that he increase his salary at least to the ss max. I couldn't convince him to start a pension plan because there were several employees. He decided to put money into an IRA for himself and his wife, personally, not through the business. He decided to retire at age 62 and was able to get a sizable ss check even though it was discounted.

He was still able to get his distributions.

Kevinh5 (talk|edits) said:

4 October 2007
SORRY again, Blrg CPA, but the worker who dies DOES NOT get Social Security after death. His dependents may, but Social Security won't pay the postage to send his check to heaven. Where do you get all of your information?

Ricsys (talk|edits) said:

30 January 2008
my situation seems similar to SMSGUY ... and my 2007 stratgegy had been to maximize payroll in order to maximize 401K ... then I reconsidered this strategy given the current subprime mess; on the one hand mutual fund contributions are not going to perform all that well (long-term planning notwithstanding) ... and on the other hand, if I maximize my income (through maximizing distributions) then I can maximize the opportunity to purchase real-estate during this buyer market ... I think my problem is simple, and hopefully someone can help ... can you clarify/confirm the following: are my w-2 wages reported on line 8 of 1120-s and the distributions reported on line 7? ... where on the k-1? ...

JR1 (talk|edits) said:

January 30, 2008
Distributions are merely info entry on the K1 way down the page. Your wages go on the Officer Salary line.

Francisconzeledon (talk|edits) said:

2 February 2008
Hello. I incorporated October of 07. The s corp has made little to no money. Can anyone shed light on the effects this has on quarterly payroll, taxes, and or distributions?

Thank you in advance from Miami, FL.

JR1 (talk|edits) said:

February 2, 2008
No income, no need to be concerned about salary yet.

Taocpa (talk|edits) said:

2 February 2008
JR1,

Don't forget some of us MD guys are out here too!

Hey Kevin, maybe Blrg helped those guys in NYC recently wheel their dead buddy to the store so they could cash his Social Security check.

http://www.msnbc.msn.com/id/22590332/

Tom

Lschtr (talk|edits) said:

10 April 2008
I am part owner of an auto repair shop. We are drawing about $10k a month in the salaries for the three owners. My accountant suggested distribution of profit, but I am confused on when I pay tax on this money.

Do I pay tax? and if so, at what rate and how do I offset the taxes, I really don't have anymore deductions...

I would appreciate any help that you can give.

Thanks Lisa

KatieJ (talk|edits) said:

10 April 2008
Lisa, please complete your profile. Many folks here prefer not to answer questions until the poster has completed a profile so that we know something about him or her. Just click on your name in your post above. That will take you to your user page, where you can click on the "edit this page" tab at the top and replace the boilerplate with your own information.

When or whether you pay tax on funds distributed from your business, other than your salary, depends on how the business is organized. If it is a Subchapter S corporation, you can withdraw funds from the business without tax consequence to the extent that you and your co-owners have already paid tax on that income, i.e., it flowed through from the S corporation to your individual income tax returns. Such distributions must be in proportion to your and your co-owners' interests in the corporation; otherwise you may terminate the Subchapter S election.

I'd suggest you ask your accountant to explain how the kind of entity your business is conducted by is treated for income tax purposes. I wouldn't ask for that until after April 15, though, if I were you <G>. Any distributions you take now will not affect your taxes, if at all, until 2008.

Taocpa (talk|edits) said:

10 April 2008
Lisa,

You should also really be asking your accountant this question. That's why you are paying them.

But in the spirit of being nice, because I notice some people today are being crappy, the short answer to your question is no.

Tom

JR1 (talk|edits) said:

April 10, 2008
Why wouldn't you ask him, Lisa? I know it can seem tricky, but don't let him blow you over. And btw, if there are three owners, each earning about 35k, that's pretty reasonable. To cut those salaries and trade them for distributions seems like a bad idea unless 1 or 2 of them don't work in the biz. (The deal is this, profits come out without payroll taxes and workers' comp. But you must pay reasonable or comparable salaries first...he's trying to save some of those taxes and costs, but you can't be foolhardy.)

Taocpa (talk|edits) said:

10 April 2008
And to add, what the always wonderful KatieJ and JR1 said.

Tom

Lschtr (talk|edits) said:

11 April 2008
Thanks to all of you for your advice. I will speak to my accountant after April 15 :)

Lisa

Mamerjamer (talk|edits) said:

22 February 2009
Hi-

I am an individual business owner. I incorporated my business in November of 2008, on the advice of an accounting firm, to save self-employment tax, as my business income has gone up about 25% in the last year. It is now February of 2009. I have been talking to the tax adviser who wants to set me up on monthly withholding of State and Fed taxes. Being a corporation, I am now expected to pay a pretty substantial payroll tax every month, in addition to distributing these monthly withholding amounts (is this really necessary"?). Maybe it's just me, but it seems to me that, with the increase in accounting service fees and the payroll tax that I have to pay, as well as being told that my corporation has to match all of my tax payments, I am not sure that the savings of the S Corp is going to offset the payroll tax, accountant's fees, etc., etc. Life has been so easy for me as a sole proprietor - make some big purchases at the end of each year, write my taxes down to a point where even the higher percentages of the written down amount is doable, with sooooo much less hassle! Is it possible that you can accomplish the same thing as the S-Corp avoiding self-employment taxes by just buying big ticket write-offs and reducing your total taxable income so that the increased percentage of the reduced taxable income is a wash? I hate all of the intrusion into my business and complication that the Corporation tag creates. Any thoughts?

Wwtaxes (talk|edits) said:

24 February 2009
There are many lengthy discussions on this topic, so you probably want to do some searching. Having said that, you'll have to do a lot of browsing to find what you're looking for (but it would be mostly informative to you). Choosing an entity type isn't always clearcut, as there can be many factors. Some clients may require you to be a corporation for example. Some people incorporate to get limited liability, but for the most part, they don't run their corporations as true corporations, and hence they jeopardize their limited liability anyway. Now there are LLC's that provide limited liability without all the paperwork, and you can still choose to be taxed as a SP if you want. Finally, some do it to save on payroll taxes. If your profits are substantially higher than a reasonable salary in your area for the same work, it can be worthwhile to incorporate. This can happen if you have employees or subcontractors and you are making a profit on them, plus working yourself, or you keep your overhead low, etc. If your profits are 100K, and a reasonable salary for you is 50K, then as a corp, you will save the payroll tax on the other 50K. As a sole proprietor, you'll pay SE tax on all of it. As a corp, you will incur substantially higher accounting and tax fees, due to more complicated returns, and also having to do payroll on a regular basis, which is more work and incurs more fees. And, if you choose to be an S Corp instead of an LLC taxed as an S Corp, you have all kinds of other rules you should follow, such as annual meetings, meeting minutes, etc.

This is just a small part of the big picture, but it should get you started on what to do your research on. Your accountant should know your situation better than we do though, so ask him what he's going to save you in taxes vs the extra costs. When I consult with clients about entity selection or changes, I lay it all out as far as what to expect. If incorporating or being an LLC taxed as an S Corp is going to save them some money, they'll usually do it.

Wwtaxes (talk|edits) said:

24 February 2009
There are many lengthy discussions on this topic, so you probably want to do some searching. Having said that, you'll have to do a lot of browsing to find what you're looking for (but it would be mostly informative to you). Choosing an entity type isn't always clearcut, as there can be many factors. Some clients may require you to be a corporation for example. Some people incorporate to get limited liability, but for the most part, they don't run their corporations as true corporations, and hence they jeopardize their limited liability anyway. Now there are LLC's that provide limited liability without all the paperwork, and you can still choose to be taxed as a SP if you want. Finally, some do it to save on payroll taxes. If your profits are substantially higher than a reasonable salary in your area for the same work, it can be worthwhile to incorporate. This can happen if you have employees or subcontractors and you are making a profit on them, plus working yourself, or you keep your overhead low, etc. If your profits are 100K, and a reasonable salary for you is 50K, then as a corp, you will save the payroll tax on the other 50K. As a sole proprietor, you'll pay SE tax on all of it. As a corp, you will incur substantially higher accounting and tax fees, due to more complicated returns, and also having to do payroll on a regular basis, which is more work and incurs more fees. And, if you choose to be an S Corp instead of an LLC taxed as an S Corp, you have all kinds of other rules you should follow, such as annual meetings, meeting minutes, etc.

This is just a small part of the big picture, but it should get you started on what to do your research on. Your accountant should know your situation better than we do though, so ask him what he's going to save you in taxes vs the extra costs. When I consult with clients about entity selection or changes, I lay it all out as far as what to expect. If incorporating or being an LLC taxed as an S Corp is going to save them some money, they'll usually do it.

TAXDEBT (talk|edits) said:

18 August 2011
I thank you so much for this discussion all of your input saved me from #$#%^$^up
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